Interesting Legal Question re Brittany Griner & Glory Johnson

[mudcat]

I know that there are some folks with law degrees on this board (I left law school after a year and a half) so I have a question regarding this situation. In the usual man/woman situation Brittany (if a male) would still have the legal obligation of child support (even if the marriage was annulled). In this situation, is it likely that Glory Johnson would have the right to child support? It would seem so logically, but I know this area of family law has been changing very rapidly.

 

[Icebear]

I know that there are some folks with law degrees on this board (I left law school after a year and a half) so I have a question regarding this situation. In the usual man/woman situation Brittany (if a male) would still have the legal obligation of child support (even if the marriage was annulled). In this situation, is it likely that Glory Johnson would have the right to child support? It would seem so logically, but I know this area of family law has been changing very rapidly.

Good news for you. There is pressure to reduce law degrees to two years. You could have the degree in six months.

 

[TRest]

The legal obligation is usually tied to being the biological father. From what little I have read about this, Griner seems to be as surprised as anyone the Johnson became impregnated. Should the marriage be annulled I don't see how Johnson could claim child support.

 

[FairView]

I am not a lawyer, but I do have an example of biology having nothing to do with parental obligation.

I worked with a woman who wanted a child, but her husband had had a vasectomy. He had children from a previous marriage and he refused to attempt a reversal or participate in conception in any way. The woman used an anonymous sperm donor for conception and had a baby. When they divorced a few years later, the ex-husband was legally obligated to pay child support until the child turned 18. We were told it was because he agreed to the sperm-bank conception and had accepted responsibility as the father -- so even though the child was not his biologically and he chose to move away and sever all contact with the child, he had to pay child support. I wonder if Brittany is concerned about child-support responsibilities and if that has something to do with her pointing out that she had little or no knowledge of the impregnation.

 

[UcMiami]

An interesting question and one that has become much more of an issue not just for same sex marriages. The law was always based on two parties in a relationship being mutually involved in procreation of a child, but with the creation of sperm banks and artificial insemination paternity and the mutual involvement has become less of a guarantee. I am not sure how well the laws have kept up with this. And most (all?) of the child support issues are not national but state laws which means 50+ different possible jurisdictions.

Edit: respose to FairView - the same kind of rules generally apply for adoption. And I think the 'annulment' choice may have to do with this Griner situation as well.

 

[Sargassoc]

Depends on the state. Some states do not recognize same sex marriage and thus, do not recognize same-sex parental rights. In those states, there are no legal avenues to seek or claim child support.

 

[stamfordhusky]

Depends on the state. Some states do not recognize same sex marriage and thus, do not recognize same-sex parental rights. In those states, there are no legal avenues to seek or claim child support.

It may also depend on whether she is granted an annulment, as opposed to a divorce. If annulled, then no marriage ever existed - and she was thus not married to Glory at the time of conception (or any other time).

If there was no marriage, no involvement in conception, no advance knowledge or approval and no agreement to support the child, I would guess it is unlikely she would have to pay any support.

 

[Gate81]

i thought that BG was trying to limit her financial liability by stating (1) that the child is not hers and (2) that GJ perpetrated a "fraud"

 

[Lion1]

These two have demonstrated that they're nowhere near the maturity level necessary to successfully raise a child. I'm more concerned for the child than for Griner's legal liability.

 

[Icebear]

All I can say is I bet they didn't do any pre-marital course work.

 

[hussybulldog]

Johnson-Griner later went on to admit that she is actually not a lesbian or bisexual and is only with Griner after falling in love "with her as a person". Well, one wonder how she got pregnant....

 

[Gate81]

Johnson-Griner later went on to admit that she is actually not a lesbian or bisexual and is only with Griner after falling in love "with her as a person". Well, one wonder how she got pregnant....

that is one strange comment.

 

[jcoton56]

Intersting? NOT